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Wife wants to quit claim her separate property residence into a living trust. House purchased before marriage by wife. Six year marriage in Nevada, a community property state. Will quit claim need to be signed by husband even though he is neither on mortgage note or deed? Thanks in advance for any feedback.

Asked on 9/04/12, 4:01 pm

1 Answer from Attorneys

I would have the wife quitclaim to the living trust first. Then I would have her husband quitclaim to the trust later. It might be wise to have a post-marital agreement stating that the house and the living trust are the wife's separate property. Nevada is not a title state so name on the deed or mortgage does not determine the community nature of the asset.